|Practitioner:||Dr Daluwatumullegamage Ravindra Ramyasiri|
|Charge Characteristics:||Sexual misconduct|
|Additional Orders:||Interim suspension of registration: 9715csusminlaw|
|Supplementary Penalty Decision:||9715cfindingssupcond|
A CAC charged that Dr Ramyasiri was convicted by the High Court of the following offences:
And the circumstances of the offences reflect adversely on the practitioner's fitness to practice medicine being disgraceful conduct in a professional respect.
On 10 February 1997 Dr Ramyasiri was tried by jury in the High Court. He was convicted of three charges against the Crimes Act 1961:
Section 135(a) Indecent assault (19 year old)
Section 134(2)(a) Indecent Assault (15 year old)
Section 128(1)(b) Sexual Violation
He was sentenced to a total term of imprisonment of two years (1½ years for each indecent assault charge and 2 years for the sexual violation charge, the sentences to be served concurrently).
The Tribunal held that the convictions were decisive that Dr Ramyasiri was guilty of conduct which reflects adversely on his fitness to practice medicine.
Dr Ramyasiri's registration was suspended for an additional period of eight months from the date of the hearing. In addition he was censured, ordered to pay 50% of the costs and expenses of and incidental to the inquiry and hearing, and publication in the New Zealand Medical Journal was ordered.
The Tribunal further ordered that Dr Ramyasiri may, for a period not exceeding three years, practice medicine only with such conditions to be specified by the Tribunal in a final order which was to be issued prior to the expiry of the period of further suspension.
The Tribunal considered that removal of Dr Ramyasiri's name from the register was not warranted in this case. The Tribunal considered striking off to be an option of last resort when for example, it may be considered that the doctor is incapable of rehabilitation. The Tribunal found that it is not the function of the Tribunal to punish. The exercise of its powers is not by way of punishment but rather to enforce a high standard of propriety and professional conduct. The Tribunal took into account the fact that Dr Ramyasiri had served a term of imprisonment, the apparent low risk of re-offending, and the high level of support Dr Ramyasiri received from his local community.
The Tribunal stated that the purpose of the suspension order was primarily to assist Dr Ramyasiri in his rehabilitation, as well as to underline the seriousness and unacceptability of his conduct.
Final Order on Penalty:
Dr Ramyasiri undertook to submit himself for referral to and be bound by the Medical Council's Assessment and Rehabilitation Programme.
After considering a report from the Medical Council's Assessment and Rehabilitation programme, the Tribunal imposed the following conditions on Dr Ramyasiri's practise of medicine for three years from the expiry of his suspension: